Care home evicting man, 82, after alleged assault

Judge is allowing resident to stay during appeal

A Superior Court judge on Tuesday declined to overturn a jury’s verdict or order a new trial for an 82-year-old man being evicted from an assisted living center where he and his wife have lived for almost 10 years.

Judge Joel R. Wohlfeil did grant a request from William Miller’s attorneys to put off the eviction while his family appeals the case.

“If the judgment is not stayed upon appeal, Mr. Miller will suffer extreme hardship,” the judge said. “Two people who have been married as long as the defendants have develop a dependence on each other.”

The decision means Casa de las Campanas, a 600-bed retirement home in Rancho Bernardo, cannot immediately cancel the “life-care” contract Miller signed to take residence at the nonprofit facility.

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That agreement, combined with a $300,000 upfront fee and ongoing monthly charges paid by the couple, calls for the home to house the Millers until their passing.

Miller suffers from Parkinson’s and his wife is an Alzheimer’s patient who does not always recognize him.

Attorneys for the home began eviction proceedings earlier this year, after they said Miller sexually and physically assaulted his wife and also abused himself and other residents.

They offered to refund Miller’s $150,000 share immediately to help him find a new place to live.

“He admitted to what he did, he knew what he did and he showed no remorse,” Casa de Las Campanas lawyer James Napoli said in court. “They’re trying to make the defendant sound like the victim.”

The retirement home filed its case against Miller earlier this year and prevailed this summer. State regulators authorized the eviction but noted in trial testimony that it was an extremely unusual circumstance.

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Miller’s lawyers argued the court wrongly withheld information from the jury and the verdict should be reversed, or he should get a new trial. Short of that, he should be remain at the home through the appeals process, they said.

They argued at trial and again on Tuesday that Miller’s behavior was the result of mixed medications — a problem that was corrected after the family discovered the discrepancy earlier this year.

There have been no additional incidents since the improper medications were discovered, according to Miller’s lawyer, James Mangione.

“You can’t just take an 82-year-old man and say ‘You’re out,’” Mangione said. “This is not an emergency eviction. The last event was in January.”

Napoli countered that one of the key reasons there have been no additional incidents is because the home is providing one-on-one care to avoid further liability — a practice that cannot continue indefinitely.

“It’s time to let Casa manage its community without this specter hanging over it,” he said.

Outside court, Miller said he had no idea where he would have gone had the judge not blocked the eviction.

“Hopefully my family will help me but I don’t know,” he said.

Casa de las Campanas is a nonprofit senior care community with annual revenue of about $30 million and net assets of $14 million, according to its most recent federal tax filing.